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Article: Internal Contradictions of Judicial Mediation in China
Title | Internal Contradictions of Judicial Mediation in China |
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Authors | |
Issue Date | 2014 |
Citation | Law and Social Inquiry, 2014, v. 39, n. 2, p. 285-312 How to Cite? |
Abstract | Judicial mediation in China represents an extreme case of integration between adjudication and mediation. Based on ethnographic work and extensive interviews, this article studies how judicial mediation actually works in China. It finds that the incorporation of mediation as part of the official trial process creates a set of internal contradictions. In addition to the role conflict inherent in a judge's acting also as a mediator, adjudication and mediation stages are organized by different principles. When the rather rigid format of adjudication is carried over to in-trial mediation, it curtails the flexible, nonlegalistic approach that mediation is meant to promote. Challenged authority, an uncontrolled process, narrowed issues, and weakened norms all make a settled outcome difficult to achieve. In comparison with judicial mediation in other jurisdictions, this case study from China has important theoretical implications for understanding the limits of informal justice. © 2013 American Bar Foundation. |
Persistent Identifier | http://hdl.handle.net/10722/251065 |
ISSN | 2023 Impact Factor: 1.4 2023 SCImago Journal Rankings: 0.534 |
ISI Accession Number ID |
DC Field | Value | Language |
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dc.contributor.author | Ng, Kwai Hang | - |
dc.contributor.author | He, Xin | - |
dc.date.accessioned | 2018-02-01T01:54:28Z | - |
dc.date.available | 2018-02-01T01:54:28Z | - |
dc.date.issued | 2014 | - |
dc.identifier.citation | Law and Social Inquiry, 2014, v. 39, n. 2, p. 285-312 | - |
dc.identifier.issn | 0897-6546 | - |
dc.identifier.uri | http://hdl.handle.net/10722/251065 | - |
dc.description.abstract | Judicial mediation in China represents an extreme case of integration between adjudication and mediation. Based on ethnographic work and extensive interviews, this article studies how judicial mediation actually works in China. It finds that the incorporation of mediation as part of the official trial process creates a set of internal contradictions. In addition to the role conflict inherent in a judge's acting also as a mediator, adjudication and mediation stages are organized by different principles. When the rather rigid format of adjudication is carried over to in-trial mediation, it curtails the flexible, nonlegalistic approach that mediation is meant to promote. Challenged authority, an uncontrolled process, narrowed issues, and weakened norms all make a settled outcome difficult to achieve. In comparison with judicial mediation in other jurisdictions, this case study from China has important theoretical implications for understanding the limits of informal justice. © 2013 American Bar Foundation. | - |
dc.language | eng | - |
dc.relation.ispartof | Law and Social Inquiry | - |
dc.title | Internal Contradictions of Judicial Mediation in China | - |
dc.type | Article | - |
dc.description.nature | link_to_subscribed_fulltext | - |
dc.identifier.doi | 10.1111/lsi.12034 | - |
dc.identifier.scopus | eid_2-s2.0-84899914591 | - |
dc.identifier.volume | 39 | - |
dc.identifier.issue | 2 | - |
dc.identifier.spage | 285 | - |
dc.identifier.epage | 312 | - |
dc.identifier.eissn | 1747-4469 | - |
dc.identifier.isi | WOS:000335986900001 | - |
dc.identifier.issnl | 0897-6546 | - |